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Home > The Pacific Reporter Volume 38: (English)
The Pacific Reporter Volume 38: (English)

The Pacific Reporter Volume 38: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... Graham, 4 Fla. 23; In re Church, 92 N. Y. 1. In Leitensdorfer v. Webb, 20 How. 182, which went up from this territory, upon the construction of the organic act of 1850, Mr. Justice Daniel, delivering the opinion, says: "It was undoubtedly within the competency, of congress either to define directly by their own act the jurisdiction of the courts created by them, or to delegate the authority requisite for that purpose to the territorial government, and by either proceeding to permit or to deny the transfer of any legitimate power or jurisdiction previously exercised by the courts of the provisional government to the tribunals of the government they were about to substitute for the territory, In lieu of the temporary or provisional government" Certainly the same power extended to the divesting from the courts by the act of 1850 and the conferring upon the courts by the act of 1858 exclusive jurisdiction In territorial causes, and, this having been done, we think that any attempt to revest the former courts, now courts solely of federal jurisdiction, with powers to try territorial causes, the act of 1858 being In full operation, is an attempt to confer an abstract jurisdiction upon the former which could not be sustained as a proper exercise of legislative power. Ferris v. Higley, 20 Wall. 375. Indeed, prior to the passage of the act of 1858, the business--i. e. the territorial and United States business--of the courts of 1850 had been regarded by the supreme court of the United States as separate. See Snow v. U. S., 18 Wall. 322. This court recognized the distinction in Territory v. Yarberry, 2 N. M. 450, although the construction of the statute of 1858 was not considered. In Ex parte Crow Dog, 109 U. S. 560. 3 Sup. Ct. 396, Mr....


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Product Details
  • ISBN-13: 9781130842579
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 1128
  • Series Title: English
  • Weight: 1969 gr
  • ISBN-10: 1130842576
  • Publisher Date: 13 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 56 mm
  • Width: 189 mm


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